CVS lidocaine false advertising $3.8M class action settlement

Update:

• The final approval hearing has been rescheduled for Feb. 15, 2024.

CVS agreed to a $3.8 million class action lawsuit settlement resolving claims that it falsely advertised its lidocaine products as “maximum strength.” No proof of purchase is required for consumers to file a claim.

The settlement benefits consumers who purchased CVS-branded lidocaine patches, creams, roll-ons and spray products marketed as “maximum strength.” 

Eligible SKUs are 376649, 405343, 977934, 328522, 405623, 250483, 385037, 249024, 235554, 383998, 238921, 197229, 450467, 371271, 188721, 256563, 196728, 256518, 384034, 234274, 834344 and 388642.

According to the class action lawsuit, consumers were misled by CVS’ representations that its lidocaine products delivered the “maximum strength” of lidocaine possible. The plaintiffs in the case also challenged CVS’ advertisements that its lidocaine patches could remain adhered for 8 to 12 hours.

CVS is a national pharmacy chain with locations around the country. It sells various CVS-branded products as generic alternatives to brand-name products.

CVS hasn’t admitted any wrongdoing but agreed to a $3.8 million settlement to resolve the false advertising class action lawsuit.

Under the terms of the CVS lidocaine settlement, class members can receive $4.50 per purchased lidocaine product.

Without proof of purchase, class members can claim up to three products for a maximum payment of $13.50. With proof of purchase, class members can claim an unlimited number of products and receive much higher payments.

The deadline for exclusion and objection is Oct. 6, 2023.

The final approval hearing for the settlement is scheduled for Dec. 19, 2023.

In order to receive a settlement payment, class members must submit a valid claim form by Nov. 20, 2023.

Who’s Eligible

Consumers who purchased CVS-branded lidocaine patches, creams, roll-ons and spray products marketed as “maximum strength.”

Eligible SKUs: 376649, 405343, 977934, 328522, 405623, 250483, 385037, 249024, 235554, 383998, 238921, 197229, 450467, 371271, 188721, 256563, 196728, 256518, 384034, 234274, 834344 and 388642.

Potential Award

Varies with proof of purchase; $13.50 without proof of purchase

Proof of Purchase

Any receipt, copies of receipts, paid invoices, or other similar documentation showing the class member’s purchase of the lidocaine products.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

11/20/2023

Case Name

Bell, et al. v. CVS Pharmacy Inc., Case No. 1:21-cv-06850-PK, in the U.S. District Court for the Eastern District of New York

Final Hearing

02/15/2024

Settlement Website

LidocaineSettlement.com

Claims Administrator

Bell v. CVS Pharmacy Inc.
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324
833-747-6949

Class Counsel

Joseph I Marchese
BURSOR & FISHER PA

Adrian Gucovschi
GUCOVSCHI ROZENSHTEYN PLLC

Defense Counsel

Emily N Dillingham 
Mark S Eisen
BENESCH FRIEDLANDER COPLAN & ARONOFF LLP